Gary Lee Colvin - Page 27




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          and a section 401(k) plan.  These are benefits that are typically           
          provided to employees rather than independent contracts.  See               
          Weber v. Commissioner, 103 T.C. at 393-394.  Although petitioner            
          did not participate in TIG’s health insurance plan because he was           
          covered by his girlfriend’s health insurance, and did not                   
          participate in TIG’s section 401(k) plan, the benefits were                 
          available to him if needed.  See id.  Accordingly, this factor              
          tends to weigh in favor of employee status.                                 
                    9. Conclusion                                                     
               The relationship between petitioner and TIG had aspects that           
          were characteristic of an employer and employee relationship and            
          others characteristic of a principal and independent contractor             
          relationship.  After weighing the above factors, the Court                  
          concludes that petitioner was a common law employee of TIG for              
          the 2000 taxable year.                                                      
               Petitioner was a common law employee of Daou Systems during            
          his employment from August 1995 to March 1997.  As a result, the            
          settlement he received from Daou Systems in 2000 is related to              
          his common law employment.  Petitioner claims to have conducted a           
          computer assembly and consulting business, Computer Consulting              
          Forum Company, in 2000.  As discussed infra, petitioner’s lack of           
          gross sales, as well as lack of substantiation, leads the Court             
          to conclude otherwise.                                                      








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